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2026 DAILYLAW 39724 (PAT)

Nitish Kumar v. The State of Bihar

CR. MISC./74277/2025 · 2026-02-11

Smt Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74277 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- HASPURA District- Aurangabad ====================================================== 1. Nitish Kumar S/O Parshuram Yadav @ Parsuram Singh @ Yadav R/O Village- Jakhaura, P.S- Haspura, District-Aurangabad 2. Parshuram Yadav @ Parsuram Singh @ Yadav S/O Late Ramkeshwar Yadav R/O Village- Jakhaura, P.S- Haspura, District-Aurangabad 3. Sukhendra Yadav S/O Late Suresh Yadav R/O Village- Jakhaura, P.S- Haspura, District-Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 11-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 427, 504, 506 of the Indian Penal Code. 3. As per the prosecution case, the allegation against the petitioners is that of assaulting the husband of the informant by means of lathi, kulhadi and garasa. 4. The learned counsel for the petitioners submits that the present incident took place on account of a dispute between the members of the same family, who happens to be Patna High Court CR. MISC. No.74277 of 2025(4) dt.11-02-2026 2/3 gotiya inasmuch as, the petitioner no.1 is the nephew and petitioners no.2 and 3 are the cousin of the informant’s husband, the injured. It has been submitted that there is a delay of two days in lodging of the First Information Report for which no explanation has been tendered. Further as against the allegation of assault by sharp edged weapons, the injuries were found to be caused by hard and blunt substance, however, being grievous in nature. Further, it is submitted that so far as the petitioner no.1 is concerned, the only general allegation is of assaulting by means of lathi whereas petitioner no.2 is only said to be an order giver. So far as the petitioner no.3 is concerned, the allegation is of assaulting on the head of the informant’s husband, but such allegation is not exclusively attributed to him but on other accused persons also. All the petitioners are in custody since 22.07.2025 with no criminal antecedent and charge-sheet has already been submitted. 5. Learned APP for the State opposed the bail petition. 6. Taking into consideration the facts and circumstances and considering the fact that the petitioners are the agnates of the informant and her husband and the ingredients of Section 307 of the I.P.C. would not be made out Patna High Court CR. MISC. No.74277 of 2025(4) dt.11-02-2026 3/3 against them, coupled with the fact that they are in custody since 22.07.2025 with no criminal antecedent, let the above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Daudnagar, Aurangabad/concerned Court below in connection with Haspura P.S. Case No. 111 of 2024. anand/- (Soni Shrivastava, J) U T